Monday, May 19, 2014Last Update: 9:26 AM PT

Class Claims Apple Intercepts Messages

SAN JOSE (CN) - A federal class action accuses Apple of violating a slew of laws by intercepting and failing to deliver text messages sent from iPhones to people who switched from an iPhone to a non-Apple device. Lead plaintiff Adam Backhaut claims Apple violates the federal Stored Communications Act, the Electronic Communications Privacy Act, and California unfair competition and consumer laws. Backhaut claims it does this by "accessing and intercepting the delivery of text messages sent by current iPhone users with iMessage enabled ('iPhone/iMessage Users') to former iPhone/iMessage Users (i.e. users who switched from an iPhone to a mobile device running a competing operating system)." In other words, Backhaus says: "(A)fter a user stops using an iMessage-enabled iPhone and switches his or her wireless service to another mobile device running a different operating system (e.g. Android, Windows Phone, or BlackBerry), Apple improperly retains the former iPhone/iMessage User's phone number in its iMessage systems. "When a current iPhone/iMessage User sends a text message to the former iPhone/iMessage User, Apple intercepts that text messages and diverts it from the standard SMS/MMS protocols to Apple's iMessage system. The text message is, therefore, never received by the intended recipient and because of Apple's interception and unauthorized access. "Apple never informs either the sender or the intended recipient of its interception and unauthorized access of the text message." He seeks class certification, declaratory judgment, disgorgement and restitution of ill-gotten gains, punitive damages, an injunction and costs. He is represented by William Audet, of San Francisco.